screaming and describing over a nine-year-old child killed in the parking lot. she selfed that he said to her, i especially cried about the child. however, loughner, according to the doctor, expressed surprise that gabrielle giffords survived the shooting to the head saying that he was considered a failure. however, the doctor also said that loughner says that he deserved to be executed, something that will not happen should the deal go through. >>shepard: what happens next? >>reporter: well, next up the judge, if the judge decides and agrees with the assessment, they move immediately to a plea hearing. during that hearing, which would happen today, it is expected that loughner will plead guilty to save his life to spend it in prison but his behavior is key. if he acts out like he has in the past the judge could stop the proceeding or he could change his mine. if it proceeds the judge will have loughner or an attorney explain the details of the

shooting. either way, loughner will have to admit killing six people and injuring several others in a parking lot here in tucson, back in january of 2011. >>shepard: thank you from the courthouse. now to the legal panel, former prosecutor, arthur aidala, and criminal defense attorney, randy zelin. i guess the only thing left is whether the judge finds him competent to change the plea. >>arthur: that is correct. there is medication involved. i don't know if he knows he is being medicated. there are reports he did not know he was being medicated through his food so he can be found competent so he can spend life in jail. the doctor from what i read did an excellent job spending a last time with him. clearly, a very sick person. even days when she was in the supposed to be with him the prison guards had to call him.

he was so depressed, he was screaming and yelling. yes, he has admitted or said he feels that he deserves to be executed for the crimes committed. >>shepard: i got word that our producer in the courtroom has informed us that the prosecution has finished their case and that the judge is questioning the doctor, the judge is questioning the doctor now. that just happened. randy in >>randy: the way it works, competency is about your state of mind now. can you assist in your defense? do you understand the court system? what your lawyer does? can you plead guilty voluntarily? look, it is simple here. loughner had very difficult choices here. he could go do trial. if he loses he gets the death penalty. he will not be acquitted on failure of the evidence. that means it is insanity. but the trick here in arizona, like in federal law, the defense has to prove that the defendant is insane by clear and

convincing evidence. it is called an affirmative defense. the defense has to prove something. it is very, very difficult. the only other option was to plead guilty and to save his life he will show a judge he get what happens is going on so he can take the plea. >>arthur: is it okay for the government to sneak medicine to you, to make you, to alter your state to a point where you --. >>shepard: are we sure that is what they did? >>arthur: that was reported this morning. the word that was used was "he was forced," to take medication. >>randy: you can be ordered to take it against your will. >>shepard: forcing is one thing. >>arthur: so he is forced to take the medication so he is aware and alert so the judge says, you understand what is going on? you want to plead guilty? okay, you go to jail for life versus a mental institution. the question is when he is in

jail if life, they force him to take the medication while he is in jail? or is he in jail as an insane person with all the disorganized thoughts and hurt people in jail? >>shepard: the proceedings are underway and we will give you more information as we get it. and we are learning new details of the gunman who on sunday is said to have killed sikh worshipers in wisconsin. wade michael page opened fire in the temple with a .9 millimeter handgun and injured a police officer. they may never know why the 40-year-old army vet did what he did but police have unearthed hundreds of comments on skinhead forums painting a picture of a disturbed man who urged internet forum members to "act and act decisively." in one post, he wrote stop

hiding behind the computer or making excuses. in another, stand and fight, don't run. and now, on the scene. the location is oak creek, wisconsin. this is a city in milwaukee county. rick, you have been updated by police, right? rick: nothing official. no news conference is scheduled today by authorities or the f.b.i. we do know they are continuing to investigate. that included collecting forensics and other evidence from inside the oak creek temple and interviewing family and associates of the suspect in this case, wade michael page. as we have reported he has lost jobs as a truck driver and factory worker and called nonwhites dirt people, and performed with skin head rock

bands and today we are hearing the chilling police radio transmission. i am taking a report of an altercation at sikh temple. there is a lot of noise. there is a fight. there is a balding male with glasses going inside with a gun with shots fired. >> man with a gun? white t-shirt. in the parking lot. rick: a surviving victim is still listed in a local hospital, a police officer, hit eight or nine times in the check and extremities. the vest could have saved his life. >>shepard: what do you hear from the sikh community? >>guest: they say they have been targeted repeatedly since 9/11. in many cases because they wear turbans and beards. they have told us these are symbols of peace and honor and self respect and spirituality. outside the temple here there are now six white posts that

have been put up with flowers and teddy bears and the names of the six slain members including the founder and president of the oak creek sikh temple, a 62-year-old, whose son talked of the loss. >> he not only was a hero but that he passed away in a place that he helped build. our religion believes we serve first. service comes first. all the people that were this should be remembered. i don't want to make it just about my father. rick: there were prayer services across milwaukee area with hundreds turning out to show their support and pay their respects. we are hearing again and again that if any good comes of this it will be a better understanding of the religion and their peaceful ways. >>shepard: thank you, rick, from oak creek, wisconsin. companies have nearly four million job openings right now.

that is a good sign. is it good enough to put more people back to work? gerri willis breaks down the numbers next. and syria's president chose his face to play host to a high ranking iranian official. the latest on the fighting and the defection next.

>>shepard: the number of job openings rose in june, the most we have seen since the economy tanked during the 2008 recession. according to the department of labor employers looked to fill 3.8 million jobs, up 100,000 since may. the number of lay offs in june fell. that could be a positive sign. hiring could pick up in the coming weeks. but it is not enough to get our country's 13 million unemployed back to work. the dow is up 64 on the session with stocks trading higher on better-than-expected corporate earnings and europe's central

bank could buy up debt of struggling countries. gerri, how do the june openings stack up? >>gerri: darn good, up 16 percent from last year, the biggest number in four years. but here is the thing, you can openings you do not fill. since the end of the last recession openings are up 57 percent but hirings up only 19 percent. there is pressure to hire be we have not seen it. >>shepard: there are fed chairs in different cities. the one in boston is urging colleagues in washington, dc, to do more to kick start the economy. >>gerri: he says he wants the fed get busy. he wants more stimulus for the economy. qe3 is what he says. he wants the fed to boy -- buy up securities to lower interest rates. he is one of the few making the claim. the big pressure on the fed as the economy is slowing. big discussions in their offices of what to do next.

>>shepard: thank you, gerri willis. the syrian president, bashar al-assad, today, appeared on his government-run television station for the first time in two weeks with a senior iranian official. according to state-run television, president assad hosted the secretary of iran's security council who said tehran will never allow the a us of resistance to break. analysts say the so-called axis refers to antiwestern powers including iran and syria and hamas and hezbollah. as for president assad, he claimed he is determined to purge armed terrorists from syria. armed terrorists, of course, president assad's label for opposition fighters. activist groups report that rebel fighters are struggling to hold on to parts of syria's largest city, aleppo in the face of bombing raids.

dominic, what is the sense of the extra of this? it appears from the outside to be in the middle of aleppo, the largest city in the country. >>guest: it is. they are starting to hang out. it has been two weeks since forces starting to pounding the center of the city. they have sent helicopter ships and gun ships. now it has started again. that is incredible. the raging forces are not geared up to take this kind of war, in this old ancient city, so look at the map we have for you. you can see from the east to the southwest, and in the northwest and outside, a new area will take it town the border with turkey, which has been supplying them with weapons and support. if they get that, aleppo could

be theirs. >>shepard: syria's prime minister defected yesterday. what do you know about him? >>reporter: this is an extraordinary defection. a real, real betrayal of assad. when he was put in the post two months ago he was twisted in a menacing way according to the prime minister's spokesman, the prime minister was told, you take the job or you get killed by assad himself. he was in that moment that the prime minister decided he was going to defect. that is what he did, he fled to joe -- jordan with his family to join the rebels. >>shepard: thank you, from jerusalem. police say a man in new york faked his death and then showed up in south carolina. now, this man's son is looking at serious charges for what was a huge scam. as it turns out the step mother may have also played a part. why fake your death in and what

penalties are ahead if your family members in we will sort that out next.

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>>shepard: breaking news,. [laughter] loughner, the accused shooter in tucson, accused of shooting congresswoman gabrielle giffords, the judge ruled that he is, in fact, competent, to change his plea. the plea will now be guilty and the trials i suppose, will move forward. arthur? >>arthur: what the defendant wants to do is not have a trial. i believe he wants to say "i'm guilty." he agreed to go, he is a relatively young man and he is agreeing to live in a box for his life and the victims are happy about that. so, for a horrible situation, i

guess it is the best outcome. >>shepard: and now, our reporter is on the scene. what want down in court? >>reporter: what we are finding out, they are going through the 14-page plea agreement and loughner stood up in the courtroom and now he is taking the oath. the judge did comment on his appearance and his demeanor in court. we talked how a lost this came down to his behavior today. there was concern he could act out as he has in the past. that did not happen. the judge said today he seemed more alert. he was tracking. meaning he was watching the ongoings inside the courtroom today when his doctor was talking, when the psychiatrist was on the stand and when the psychiatrist mention add particular guard, loughner actually smiled. the judge noticed this. this is something that was important to him because it showed him actually participating in the proceeding, something that he had not seen

during previous hearings that actually came to an end last may when he deemed him "incompetent" as a recommendation by the psychiatrist who took the stand today, who said things have changed in the time that he spent in the mentality facility in missouri receiving treatment, including medication. a long road has occurred over this past year. the doctor said he was ready to make a plea. that is exactly what his attorney said. as soon as the judge was done agreeing with the doctor, that is where it stands. with the guilty plea, he does avoid a federal death penalty and likely will now receive life in prison. >>shepard: thank you. you and not lead guilty and get the death penalty. you cannot do that to yourself. >>randy: that is correct, that decision has to come from a jury. the system shows itself again to have worked in the case. you have a guilty plea. the man is going to spend his life in prison.

and the victims are spared the horror of reliveing this. you never know what can happen at a trial. he could be found not guilty by reason of insanity which would not be a victory for the government. this is why 96 percent of all cases are resolved by a plea. it is the right result. thank god, justice will be done. >>shepard: the judge said and i am reading from transcripts, the court followed instructions of the supreme court of the united states on this and it is a two-part test. the finding does not mean he is not mentally ill but the judge ruled he is competent to stand trial. the judge said it is important that he knows rationale and understands his possible defenses. back in january of this year he said that the man reported that he didn't think loughner was koch tenth but he was improving. now, the judge has ruled that loughner is competent enough to stand trial under the supreme

court test. he killed six people and now he will plead guilty and go away forever and save the world a last money. >>arthur: there will be a lot of people in the country not happy with that. a lot of people would want to see him executed. what counts is the people who were affected and the congresswoman you just reported, her husband said they were satisfied with this. they were at peace with this. i believe that is what everyone else, the majority of the victims are saying. it is very unlikely a prosecutor would accept such a plea if the victims weren't on board. >>shepard: they gave the oath, he took the oath, and has pleaded guilty and the judge has accepted the guilty plea. that is that. we are lucky and maybe we will not have to see him again. a new report that a psychiatrist working with the suspected shooter in the colorado massacre, tipped off police about his strange behavior. the question now, does anybody follow-up on the warning? and carl cameron sitting down with the g.o.p. nominee, mitt romney, as we approach the

bottom the hour and the top of the news. questions?

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>>shepard: i am shepard smith. this is "studio b." it is the bottom the hour and time for the top of the news. word that psychiatrist who treated the colorado movie theater shooting suspect tipped off police before the shooting, about his strange behavior. that is according to the reporting of abc news. sources tell abc the doctor

reported her concerns about james holmes to a university of colorado police officer, a beat cop, weeks before last months shooting rampage. we do not know what the suspect said or did that raised the doctor's concerns. we have in way of knowing. under colorado law, psychiatrists can take action if patients tell them about a specific plan to hurt others. the chief fox court correspondent is with us on the set. is there anyway of knowing exactly what the doctor told police? or are we in a wait-and-see mode? >>jonathan: there is a way of knowing the seriousness of the information the doctor was given and passed on to 9 police by looking at the code of conduct under health information privacy act oath that regulates conduct between doctors and their parents. we just spoke to fox news medical member and psychiatrist and he said a doctor can and

should breach confidentiality when he or she believes there is "a substantial risk for violence and when the patient cannot credibly convince the clinician that risk is in the present." and dr. siegel backed that up saying if the risk is imminent, the doctor has a duty to inform the authorities. you would assume that the doctor thought the risk was imminent. >>shepard: there is confidentiality matter here. the nypd, in a bit of a fight with twitter over some threatening tweets. >>jonathan: very disturbing tweets targeting the theater right here in new york city where mike tyson's one man show is going on right now, directed by spike lee. the tweets said, in part, this [blank] ain't no joke. i'm serious. people are going to die like aurora, colorado. gosh, i'm still making this hit

list. damn, i want to kill a lot people. when a follower responded why haven't you done that, and he said i have last minute plans ps and i i'm in florida but it will happen. i'm just finishing up my hit list. the nypd asked twitter to release the name of whoever was behind the tweets. they did not initially and they said, while we do invoke emergency disclosure procedures, when a threat is present, this does not appear under script parameters. and there is great disappointment expressed at twitter and the nypd has a subpoena to force them to hand over the information. >>arthur: that threat sounds specific to me. it sounded imanyone. he is saying he is inned if. do they believe he is in florida after what is going on? law enforcement clearly believes there are copycats.

i went to see "dark knight," and there were two police officers stationed in the theater. not outside, but in the theater the entire movie. clearly law enforcement believes the threats are imminent and real. why twitter would not say, this rises to that level, i don't know. >>randy: what i don't understand about what is going on in colorado with the psychiatrist is this: if the harm is so serious, so certain, and so imminent that you can break confidentiality, why in god's name would you reach out to a beat cop, particularly a psychiatrist, with the ability, the means and the intellect equity to go as high as absolutely negligence to make sure that the threat never happens? in other words, the seriousness of the threat is inconsistent with the actions she took to keep the threat from happening. that is the part i don't get. >>shepard: you are saying the psychiatrist in your estimation should have gone down to the policization and talked to investigators and given a full statement not just speaking with

a cop on the beat. >>randy: if you take the step of breaking physician and patient confidentiality, you better make sure that threat is serious, imminent and real and certainly or you will have a disciplinary problem. it doesn't seem like she acted like the threat was so serious. >>arthur: what she has going for her, the behind side factor, twitter has the colorado episode. they saw what just happened. they saw what happened in wisconsin. boom. boom. now you get the tweets, i want to go, he articulates where, and i want to kill a lot of people just like aurora, colorado, if that does not rise to the level of whoa, well, you are not allowed to scream "fire," in a movie theater. >>randy: that is in the movie theater but this is by twitter. you do not have the first amendment kick in. >>shepard: there are now personal attacks on the

presidential race. a lost conservatives saying mitt romney has to release the tax returns. and now he is trying a new tack, talking about welfare reform. carl, you sat down with governor romney, is my understanding. >>carl: and he is responding to the criticism from president obama voiced last night where the president came up with a new attack on the republican nominee, suggesting that he wants to "problem from the middle class and give it to the rich." listen. >> he asked the middle class to pay more taxes so he could give another $250,000 tax cut to people making more than $3 million a year. that is like robin hood in reverse. it is romneyhood.

>>carl: that is the big laugh and applause line, romneyhood and we sat down with mitt romney outside of chicago with a welfare reform event criticize ing president obama for gutting the program. i asked about the new name and romney has his own bumper sticker. >> we have been watching the president say a lot of things about me and my policies that are in the right. if i were to coin a team, it would be obama-loney, serving a dish in contradiction to the truth relating to everything from how i will help the middle-class is tax policy. he simply is saying things that are not accurate. >>carl: so cue up the youtube match up. >>shepard: and what is up with the pick on vice president? >>carl: it is that time.

mrs. romney will return from the olympics and that opens up the window. the spouse needs to be around when the would be nominee picks the running mate or announces. we know from mitt romney himself because some of the people have gotten speaking engagements that does not necessarily disqualify him. last night it was revealed by the republican national committee that jeb bush will be a speaker at the convention and it was report add various right of other would get speaking engagements and it will not disqualify them. he said don't think for a second we would not be dealer enough to come up with ways to throw people off the scent. so, a variety people would have been given speaking engagements, including rick santorum, his formal rival, still on the list of consideration for running mate but in the case of rick santorum he does not think heel be picked. it leaves four names out there: portman, pawlenty, paul ryan, and marco rubio are considered

the four likeliest. speculation, be crazed for the next few days until his wife is back from the olympics, though, it is unlikely it will happen. the absolute earliest will be this weekend or early next week. >>shepard: a new report shows some doctors at for-profit hospitals did high risk procedures to best the profits. do you not need a surgery, but we will do the surgery anyway, because we make money off of that. the risks and how to protect yourself are next. and a huge fire sent hundreds to the hospital and now it could push up the cost of gasoline. sad news from entertainment world, martin hamlisch was born in new york city, one of the youngest students admitted by the famous school of music and composed the music for "a chorus line." and he wrote the scores for more

than 40 films including "ordinary people," and "three men and a baby." over the course of a career he won every major award there is, three academy awards, four emmys, one tony and three golden globes. he died after a brief illness. dead, today, at 68. ♪ one single sensation ♪ every step she takes llionth . llionth . people don't li to miss out on money that should have been theirs. that's why at ally we have the raise your rate 2-year cd. you can get a one-time rate increase if our two-year rate goes up. if your bank mes you miss out, you need an ally. ally bank. no nonsense. just people sense.

>>shepard: toxic smoke spreading in california creating a major emergency. it had hundreds plaintiffing emergency rooms because they were light headed and could not breath after a fire break out last night at a chevron plant, the largest pill refineries. folks say they could see the flames from the burning crude from miles away, and this is from richmond, california, an industrial city ten miles northeast of san francisco. officials at area hospitals say

200 people showed up complaining of breathing problems. no one was seriously hurt. check out this scene, spreading across the city, with witnesses saying they had no clue what was going on. i thought we got bombed. that is what i thought. i seen the cloud. a big old mushroom card that was spreading. >> the flames were 200' or 300' high. big plume of smoke. >> firefighters put out the blaze and the cause is under investigation. now, oil analysts are predicting the damage could send gas prices up along the west coast. trace has details like from the west coast news hub. the air quality obviously is a concern in the bay area. >>trace: a big concern. all night long haz-mat teams going to neighborhoods collecting air samples a as far away as oakland which is ten miles away. we will have results some afternoon. when the fire first happened

authorities implemented a level 3 shelter, so you stay inside and do not use your heat or air conditioning or a fan. that lasted 5 1/2 hours. the fire burned for nearly ten hours. part of the leak is still burning but chevron said that is to be expected. >> there is a controlled burn. it is a safety release device similar to a glare. it is making sure that other hydrocarbons do not ignite. that has not changed. >>trace: the hospitals got a wave of patients last night. but it has toned down. they are getting another wave through the day today. >>shepard: gas prices traditionally and always are high in that area compared to the rest of the country. how much is the effect? >>trace: it will affect california and the western region the next few difficulties, experts say california gas price could be up by a dime at the end of today

and by tomorrow between 25 and 40 cent as gallon. we already pay high of the prices in the country. the main problem is not only this refinery is one of the biggest, turning out 233,000 barrels a day, but it makes the most expensive blend which is what california uses. cam cannot get gas shipped in because we ship all the gas out. the less gas we ship out, the more the prices will rise in other western states. the authorities just do not know how long this refinery will be off line but it could be for quite some time. >>shepard: thank you. u.s. attorneys in the state of florida, are looking into whether doctors in some hospitals purchased risky and unnecessary heart proceedures to drive up profits. it revolves around hca health care, the largest hospital operator in the country. a nurse at a hospital reportedly blew the whistle.

an internal memo "new york times" obtained, hca seems to admit it was in the wrong. the nurse is right, according to the memo. the amendments related to unnecessary procedures being performed in the laboratory or substantiated. but the nurse lost his job. in what he dolled retaliation for raising a redding in. and now, we have head of the division of medical ethics at new york university. surgeries for-profit, whether people need them or not, not a new headline, but this seems significant. >>guest: it is significant. you have a long pattern of this behavior probably over eight years. major operations, with stents and more. they are risky. one issue, right away, did the hospital go back and tell people would had unnecessary operations, you need to know this has happened to you. some could have been injured or

harmed. we don't have any evidence. >>shepard: under your code of conduct, this nurse did exactly the right thing. >>guest: yes. that nurse is a hero. spoke up. always tough to be the whistleblower. people come to me and say they are ready to blow the whistle and i ask if they are ready to be unproposed because even if it is a illegal, a very righteous nurse in terms of speaking up. >>shepard: reporting something that is clearly illegal and unethical absolutely is not something for which you can be fired. >>guest: you can't be fired. there will be a settlement here. the nurse will come out okay. but this are incentives to while blowing with the federal government paying a certain percentage and we have been bilked out of money because of unnecessary procedures. so i am in the worried too each because that nurse has been vindicated. >>shepard: is there a big

picture read on how many unnecessary surgeries happened? >>guest: it is not frequent or common, but you have a system that awards by procedure. so, the incentive is there when in doubt, do the test. when in doubt, do the procedure. we are in a situation where doctors are afraid of getting sued if they do in the do things so you have them overutilize. what i have learned, little hospital, big time surgery, not too many people looking over the shoulder, and this happened at the hospitals in florida. that is a warning sign. you want a second opinion. to make sure you ask questions, and this necessary? the small are the place, the few empeople watching over the shoulder of the guy that says i will do this. >>shepard: get a second opinion. >>guest: get a second opinion. >>shepard: the four major professional force leagues are battling against sports betting in new jersey. officials behind the suit say that the gambling will destroy

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>>shepard: the biggest sports organization in professional and college sports have filed a lawsuit against the state of new jersey over a plan for sports betting. officials from the major league baseball and nfl, and nba and the ncaa argue that a plan to bring sports betting to new jersey casinos and racetracks is against federal law. which it is. and threatens the sanctity of the game. back if january, the governor christie sign add law to allow sports gambling despite the ban on betting out of nevada, and oregon and montana. and now, this is weird to me at

first. how come four states can have it? new jersey had an option back in 1992 when they put this in place. new jersey at the time was in the interested. chris christie needs the money new. this will bring it. there are only sports books in nevada and the rest of them have lottery weirdness. but you cannot bet on the outcome. >>guest: what it looks like new jersey is looking for a necessity are you source of cash. this will bring it. las vegas, they are as close to $11 billion a year bet on exported. the state can make a lot of money off of that tourism helps. obviously, are are they going to legalize sports gambling in new jersey? i don't. >>shepard: the leagues say and i quote, "this will harm amateur sports and professional sports by fostering suspicious that"

but you can bet on games inquire, and you can do it through illegal betting. >>guest: offshore, people on the neighborhood block that will take the a there is always a way to bet on game with the government not keeping their watch will eye. also, i don't think the players making $20 million a year will be swayed by a wise guy that has a couple thousand on a game. the suspicion, you go back to the referee in the n.b.a. who was taking some action. or to the saints and the bounty and the players were affecting how they played based on $1,000 purses for hard hits. so, yes, some can be swayed. we have seen point shaving in college basketball. everyone wants to avoid this. they don't want suspicions to a close call, a late touchdown, an interesting play at the end that could not affect the outcome but

it affects las vegas wagers. >>shepard: that is almost to assume that it is not happening outside of las vegas which is back to the point of being preposterous, it is happening. new jersey wants to tax it. it is almost like pot. >>guest: pot is happening. the nfl is outraged, yet, they promote fantasy football product on their website when you watch cbs, fox, numbers they are talking about play our fantasy football online. is that not gambling? there is money involved whether it is through the league or through the networks. there is gambling going on behind the scenes. so, yes, it is the elephant in the room l is a reason it is the number one-rated sport and the way it is played. ♪

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surface. it took this picture as it entered the atmosphere. scientists say that is the heat shield falling away there. to give this perspective we are told it is about 15' wide. curiosity's dive to the surface is seen here and nasa expected to turn over the climate monitor soon. that should give scientists a better idea what the environment is really like. that's it for "studio b" on a tuesday afternoon. the dow is looking good, upfor a second straight session, up 49 at moment. it will take a second to level out as it always does and we will turn it to your world for perspective. >>stuart: you have seen the ad, now meet rachel. >> you know i am get free water?

chick-fil-a is a hateful corporation. >> we treat our customers the same. >> but you give money to hate groups. >>stuart: now, rachel is here. with her side of the story. >> welcome, everyone, i am here for neil cavuto. this is "your world." on a day when thousands turned out if chick-fil-a appreciation day, one worker took the brunt of a driver's rant. adam smith drove up to her checkout window and blasted her and the company she works for in a video that has gone viral. her name is rachel. the guy who recorded his own tirade has apologized. will she accept that apology? well, rachel is here. and only here. in her first nationally televised interview. she has asked her name not be released, her last nature. her fiance had asked to be

wither. it is good to see you not through a serving hatch. welcome. >>guest: thank you so much. >>stuart: the young man in question here, he did go back to the store, the restaurant where you worked, and he tried to see you, and you didn't want to see him at that time. he wanted to apologize, i think. why didn't you want to see him? >>guest: well, i was still in shock from the fact that the video he took was going viral on the internet and i didn't know how to react when he came back the next morning. >>stuart: as you know he has apologized, and i believe that apoll entry is viral, too. did you accept that apology? >>guest: i do forgive him. i think he realizes how bad it was to make that tape. i feel sorry for him and his family. and everything that has happened to him since. since wednesday. >>stuart: some of our viewers have probably not seen the apogy so i will run part of it and i will ask you to judge react to it as